Responsibility to Assist: EU Policy and Practice in Crisis Management Operations under European Security and Defence Policy

Responsibility to Assist: EU Policy and Practice in Crisis Management Operations under European Security and Defence Policy


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Responsibility to Assist: EU Policy and Practice in Crisis Management Operations under European Security and Defence Policy by Tom Hadden

This report, written as part of a wider review of human rights in EU foreign policy, describes and assesses the current decision-making structures and procedures for EU military, police and civilian crisis management missions throughout the world.

EU interventions or missions in non-member countries are a relatively recent development, and have largely been undertaken to ensure more effective co-ordination of humanitarian, peace-keeping, and peace-building efforts by Member States in response to international conflicts and crises - and perhaps also to project the role of the EU as a major actor on the global stage. EU missions may involve the deployment of military forces in peace-keeping or peace-enforcement operations, the deployment of military and police personnel in a preventive role or with a view to maintaining public order or controlling criminal activity, or they may involve the provision of civilian support for the rebuilding or redevelopment of the rule of law in countries where governmental structures have broken down. This report examines the incidence of these interventions, as well as their interaction with other bodies such as the UN, NATO, the African Union and voluntary coalitions, and the complex diplomatic and military negotiations leading to particular operations. The focus on assistance reflects the primary responsibility of the EU not to act independently of the UN and other international bodies but to provide support and assistance to the wider international community. The main aim of the report is not to provide a detailed analysis of the success or failure of particular missions, but is to describe the often complex and confusing structures developed over the past decade and to assess the past, present and future of the EU's responsibility to intervene in international crises.

Product Details

ISBN-13: 9781841139340
Publisher: Hart Publishing
Publication date: 03/02/2009
Pages: 133
Product dimensions: 6.10(w) x 9.10(h) x 1.60(d)

Table of Contents

List of tables, Figures and Charts ix

Introduction xi

Chapter 1 Development of Crisis-management Practice 1

United Nations Peace-keeping 1

A New World Order? 2

Problems in Practice 3

The Development of European Union Crisis-management Capacity 5

EU Military, Civpol and Rule of Law Operations/Actions-An Overview 11

Military Operations 11

Civpol Operations 13

EU Rule of Law Operations 14

CFSP-Commission External Relations Rapid Reaction Programmes 2001-06 16

Instrument for Stability (IfS) Actions 2007 19

Chapter 2 The Human Rights and Human Security Agenda 23

Human Rights and Human Security 24

The Full Range of Mission Objectives 25

Human Rights and Human Security Priorities at Each Level of Intervention 26

Conflict Prevention 26

Humanitarian Aid 26

Protection of Civilians and their Homes from Attack 27

Maintenance of Public Order and the Control of Criminality 27

(Re)Building National Security and Democratic Institutions 28

Economic and Social Development Objectives as an Integral Element in All Crisis-management Missions 29

The control of Potential Abuses 29

Effective Control of the Use of Lethal Force 30

Prevention of Torture and Inhuman or Degrading Treatment 31

Prevention of Sexual Exploitation and Abuse 31

Prevention of Corruption 31

Establishing Effective Accountability 32

Minimising Disruptive Impacts 32

Conclusions and Recommendations 33

Chapter 3 Current Decision-making Issues and Procedures 35

Some General Concerns 35

Issues as to the Formal and Practical Competence of the European Union 36

Media Pressures and Risk Analysis 37

Resources and Finance 38

Relationships with the United Nations, NATO and other International Bodies 41

Decision-making Structures and Procedures 43

Formal Structures 43

Decision-making procedures 46

Stage 1 Monitoring and the Identification of Potential Action 46

Stage 2 Development of a Crisis-management Concept 46

Stage 3 Approval of a European Union Mission by the Council of Ministers 48

Stage 4 Preparation of Mission Documents 49

Stage 5 Training, Deployment and Implementation 49

Stage 6 Accountability and Post-mission Review 49

Some Conclusions 50

Problems in Practice 50

Identifying the Most Effective Role for the European Union 50

Reducing Unnecessary Duplication of Effort and Resources 51

Clarifying Decision-making Procedures for Civilian, Military and Policing Missions 51

Reforming Financial Arrangements 52

Conclusions and Recommendations 52

Chapter 4 Relationships with the United Nations and NATO 53

Unavoidable Relationships 53

Relationships with the United Nations 54

Relationships with NATO 58

Problems in Practice 61

Financial Arrangements 62

Some Key Issues 64

a Greater Independence and Autonomy for European Union Missions? 64

b A Specialised Role for the European Union? 65

c Issues Relating to Command and Control and 'Rehatting' 66

Conclusions and Recommendations 66

Chapter 5 Mission Documentation: Mandates, Rules of Engagement & SOMAs 67

Consent to Deploy and Status of Mission Personnel 67

Mission Documentation 69

Mandates, Operations Plans and Rules of Engagement for Military Missions 71

Some Significant Issues 74

Command and Control 77

Command and Control in European Union Crisis Management Operations 80

Political and Strategic Direction 81

Operational Command 82

Documentation for Police Missions 84

Documentation for Civilian Missions 85

Conclusions and Recommendations 85

Chapter 6 Recruitment, Training and Implementation 87

Introduction 87

Recruitment 88

Current European Union Training Structures 90

Specific Issues on Training for Human Rights: Learning from United Nations Experience 93

Training Experience 96

In-mission Human Rights Training and Sensitisation 100

Implementation 101

Conclusions and Recommendations 103

Chapter 7 Accountability 105

Generic standards 105

Individual Legal Accountability 108

Some Options for Reform 114

a Relying on Host State Jurisdiction 114

b Strengthened Internal Mission Procedures 115

c Command Responsibility 115

d The Development of Joint Jurisdiction 116

Institutional accountability 118

State Legal Responsibility 118

Political Accountability 122

Conclusions and Recommendations 123

Appendix 1 Papers for Working Group I During the COST Action A28 Programme and Other publications 125

Appendix 2 ESDP Military, CIVPOL and Rule of Law Operations 127

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